Appeal upheld in Sydney burka case

A Sydney woman sentenced to jail for accusing a police officer of trying to remove her burka has won her appeal.

Carnita Matthews was found guilty in June last year of making a false statement.

Ms Matthews was sentenced to six months' jail after she accused the officer of forcibly trying to remove her veil during a random breath test in Sydney.

He fined her for not displaying her P-plates properly and she accused him of being racist.

A District Court judge has upheld an appeal against the guilty verdict because of doubts about who had made the written complaint about the incident which was central to the case.

The judge found the prosecution could not prove that she knowingly made a false complaint and whether it was actually her who signed off on it.

Her lawyer Stephen Hopper says she is pleased with the outcome.

"Canita's feeling very relieved. She's glad it's all over. It's been a harrowing experience, particularly that a lady who has had no prior convictions was sentenced at the first instance to six months in jail," he said.

"Clearly there was an issue relating to the identity of the person who signed the statutory declaration."